Why Do We Allow States to Limit Some Constitutional Rights More Than Others?

Failure to diagnose breast cancer cases are always difficult and experts struggle to explain the shifting science in the area. The evidentiary standards that must be met are very high. But juries can still be impressed, even in states that highly regulate and limit jury verdicts that should be protected by the 7th Amendment guarantee […]

A SCOTUS Victory For Pill Mill Doctors

I originally posted about this argument before SCOTUS in March here: Physician Liability for #OUD (Arguments in Ruan v. US) The High Court ruled in favor of the pill mill prescribers, setting aside their 25 year prison sentences. “After a defendant produces evidence that he or she was authorized to dispense controlled substances, the government […]

The New England Journal of Medicine: We “Strongly Condemn” Dobbs (for reasons of health care)

By abolishing longstanding legal protections, the U.S. Supreme Court’s reversal of Roe v. Wade serves American families poorly, putting their health, safety, finances, and futures at risk. In view of these predictable consequences, the editors of the New England Journal of Medicine strongly condemn the U.S. Supreme Court’s decision.

Hospital Liability for Independent Contractor: $111M Verdict

Hospitals are typically found responsible for employees like nurses, technicians, and physicians who are directly employed. However, in many jurisdictions, there are remedies that attach liability to the Hospital for other healthcare providers. Developing the factual evidence to pursue extraordinary remedies like this require a lawyer with experience. … a hospital may be held vicariously […]

Does your doctor have a disciplinary record? What if he or she does?

As reported here, medical error is the leading cause of death in the United States according to a 2016 Study by Johns Hopkins University. But only 1% of physicians account for more than one third of all malpractice claims that are paid out, a 2019 study published in the New England Journal of Medicine found. The link to […]

Failure To Follow International Sepsis Protocols as Evidence of Malpractice

In any profession, including medicine, there are rules propounded by varying organizations. Some are local, some are national and some are international. They don’t carry the same weight everywhere. It is important for your lawyer to have access to credible and careful professionals to discern the difference between rules that don’t apply to any given […]

Communication Breakdown (Electronic Medical Records Version)

Last week, a story on electronic health records ended up in this blog – reminding me of a 2018 post I made here concerning the increasingly deleterious effect on the accuracy of medical records caused by technology and user laziness or deception that it can promote. The 2018 post about changes in medical record-keeping can […]

No Trust, No Health

New studies yield data confirming black skepticism of healthcare services quality. Lack of trust is based upon experience. According to a new report, the majority of black adults have had at least one negative experience with a healthcare provider. But young black women are particularly likely to report a harmful interaction during routine health care. […]

Lee Health Loves Damage Caps, But Only for Itself. Everyone Else Is Expected to Pay Full Freight.

The news is that two Florida public hospitals want in – at the last minute – on the State’s opioid lawsuit. They’re afraid they may get cut off from money available arising out of the opioid prescriptions filled out by their employees. Judge Denies Sarasota Hospital and Lee Health Motion Intervene in Opioid Settlement I’ve […]